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(영문) 대구지방법원 2016.12.07 2016노3245
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment for a term of eight-month suspension, and eight hours of community service) by the court below is too unreasonable.

2. It is recognized that the Defendant made a confession of all the crimes and divided his mistake, and that there is no particular criminal power except a fine of KRW 4 million in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents in around 2003, and paid the premium exceeding KRW 40 million.

However, insurance frauds need to be strictly punished in light of the fact that the purpose of the insurance system is to undermine the rational diversification of risks, encourage speculative spirit, and cause the sacrifice of many good subscribers, thereby impairing the foundation of the insurance system, and that the damage was not recovered and the victim did not agree with the victim, and that there is no change of circumstances that may otherwise determine the defendant's age, character and conduct, environment, motive, means and consequence of each of the crimes in this case, and the scope of recommended sentencing guidelines for the enactment of the sentencing guidelines set by the Sentencing Commission, such as the circumstances after the crime, are considered, the lower court's punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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